Thai Law - Compensation for wrong imprisonment

[webfact]

LAWS
Compensation for wrong imprisonment
Thanisa Tanticharoen,
Sitthichai Nakhonwilai
The Nation

BANGKOK: -- Soon individuals who were wrongly imprisoned or victims of serious crimes will be able to lodge a police complaint and simultaneously file for compensation with the Rights and Liberties Protection Department.

Department chief Pol Colonel Narat Sawetnan said he would meet Police chief General Somyos Phumphanmuang on October 1 and ask him to help set up "one-stop service" centres at all police stations.

The move follows previous news that the fund to pay damages to individuals in criminal cases, set at Bt200 million this year, had run low and required replenishing. In a recent interview with The Nation, Narat put that scenario in a positive light, saying this meant the agency provided better coverage for victims.

Under the fund, victims in serious crimes such as rape or murder would be compensated Bt30,000 and Bt100,000 respectively, while those wrongly imprisoned will be granted Bt400 for each day spent behind bars as well as up to Bt30,000 in medical bills.

Narat said between 2008 and 2012, only 18 per cent of eligible victims had sought compensation.

However, after then-deputy police chief General Ake Angsananont issued a memo in November 2012 asking all police investigators to inform damaged persons about the fund, and the department's proactive measures, the number of compensation requests rose to 38 per cent in 2013, Narat said.

So far this year, the agency has received 65-68 per cent requests and has already paid out Bt254 million in compensations, while another Bt84 million is pending for other eligible victims, he said.

Source: http://www.nationmultimedia.com/national/Compensation-for-wrong-imprisonment-30243792.html


-- The Nation 2014-09-22

[SoFarAndNear]

So far this year, the agency has received 65-68 per cent requests and has already paid out Bt254 million in compensations, while another Bt84 million is pending for other eligible victims, he said.

254.000.000 aldready paid for this year. 400 baht per day?! This would be 635000 days of wrongly accussed prison days and we are at september...

[ChrisY1]

This probably would account for many of the poor souls in gaol now.....wrongly convicted..scapegoats......revenge imprisonment.....

[klauskunkel]

Does this apply to all wrongfully imprisoned, or only Thai citizens?

[VINCENT2012]

400 baths a days as indemnisation ,whooooha ... poor guys.... but with those numbers, we can't really say that police thai department and thai justice is at the top......and they are many uniforms in the street every where, ........the nivel is the problem ...but...at least they have work with lots of pretty bad profesional

here you need 7 thais for 1 farang employed......for what ...for watching what we are doing ?

when are they starting to think that quality is better than quantity and that high education is a primary necessity for the well being of a country.

[rickirs]

"... paid out Bt254 million in compensations, while another Bt84 million is pending for other eligible victims ..."

And the year is not yet over!

It might be cheaper to hire law enforcement investigators/prosecutors from other countries where there are recognized effective and professional law enforcement who know how to build a good case.

However, an untrained and/or unprofessional police force alone may not be the sole blame for so many people being wrongfully sent to prison.

1) Law enforcement may be understaffed but if performance is measured by number of indictments it may be overly ambitious in arrests and prosecution.*

2) The country's foundation for law is a constitution that changes with every coup. Organic laws come and go depending on what coup leaders believe are critical to the preservation of oligarchy powers over the Thai society. This can send a mixed message to the public as to what is really a crime.

3) The judicial system is not jury-based, relies on common law based on societal and cultural practices, and in essence permits double jeopardy to keep trying a person until a conviction is made. The idea of innocence seems inordinary.

4) Punitivity of the criminal system that may elevate the seriousness of a crime to a more punishing sentence for which the public most recognizes as necessary than to crimes of lesser severity for which the public may take issue.

* graphs from "International Statistics on Crime and Justice," European Institute for Crime Prevention and Control, 2010.

[smutcakes]

Given the current state of the police investigation into the murders, i would say if this is their normal protocol an performance in crime supporting, then there are probably more innocent persons in prison than crooks.

[greenchair]

Is a foreigner entitled too.

[jpeg]

And would someone be able to claim compensation for their criminal case having been stalled due to bribe taking? Sure there'd be a long queue for that

[Sophon]

So far this year, the agency has received 65-68 per cent requests and has already paid out Bt254 million in compensations, while another Bt84 million is pending for other eligible victims, he said.

254.000.000 aldready paid for this year. 400 baht per day?! This would be 635000 days of wrongly accussed prison days and we are at september...

I think that quote refers to victims of serious crimes such as rape and murder, who would be eligible for compensation of 30,000/100,000 Baht.

Sophon